STATE OF NEW YORK
________________________________________________________________________
7578
IN SENATE
January 26, 2018
___________
Introduced by Sen. GALLIVAN -- read twice and ordered printed, and when
printed to be committed to the Committee on Codes
AN ACT to amend the penal law, in relation to creating the offense of
unlawful funeral protest
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The penal law is amended by adding a new section 240.12 to
2 read as follows:
3 § 240.12 Unlawful funeral protest.
4 1. A person is guilty of unlawful funeral protest if he or she engages
5 in protest activities at any location at which a funeral is held, within
6 one hour prior to the commencement of any funeral, and until one hour
7 following the cessation of any funeral, if such protest activities:
8 (a) take place within one thousand feet of a road, pathway, or other
9 route of ingress to or egress from cemetery property and include, as
10 part of such activities, any individual willfully making or assisting in
11 the making of any noise or diversion that disturbs or tends to disturb
12 the peace or good order of the funeral, memorial service, or ceremony;
13 or
14 (b) are within one thousand feet of such cemetery and impede the
15 access to or egress from such cemetery.
16 2. As used in this section:
17 (a) "funeral" means the ceremonies, processions, and memorial services
18 held in connection with the burial or cremation of the dead; and
19 (b) "protest activities" means:
20 (1) any picketing or similar conduct;
21 (2) any oration, speech or use of sound amplification equipment or
22 device or similar conduct that is not part of a commemorative service;
23 (3) the display of any placard, sign, banner, flag or similar device,
24 unless such display is part of a commemorative service; and
25 (4) the distribution of any handbill, pamphlet, leaflet or other writ-
26 ten or printed matter, other than a program distributed as part of a
27 commemorative service.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05880-01-7
S. 7578 2
1 3. (a) Each day on which a violation of this section occurs shall
2 constitute a separate offense.
3 (b) Unlawful funeral protest is a class B misdemeanor, unless commit-
4 ted by a person who has previously pled guilty to or been found guilty
5 of a violation of this section, in which case the violation is a class A
6 misdemeanor.
7 § 2. This act shall take effect on the first of November next succeed-
8 ing the date upon which it shall have become a law.
